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Nishant (abc)     07 December 2009

Parition for a flat in joint name between husband & wife

Dear Forum Members/Expers,

My aunt is living separate from her husband, She and her husband have a flat in joint name in noida. she had paid earnest money and also 90% (of paid so far)of the installments  of housing loan till date, and rest of money earnest/installments have been paid by her husband, now due to marital dispute she wants to apply for partition of this flat, since husband is not ready for amicable solution. my question is

i) Can partition suit be filed in Noida only, can it be filed in delhi also, since she has been living in Delhi for last few months.

ii) how do the valuation of this property is determined, and who owns the liability of rest of the installment of housing loan.

iii) is it nessary that other cases for separation must be filed for making a strong ground for partition of the property.

Thanks very much in adavance,


 5 Replies

Adv Archana Deshmukh (Practicing Advocate)     07 December 2009

 1)If the flat is in Noida, the suit for partition should be filed in Noida only.

2)The valuation of the property is determined by the Valuer.

3)No need for filing other cases for seperation, to make ground for partition of the flat.

Nishant (abc)     07 December 2009

Thanks very much for your valuable insights in the part of my query is relating to owning the responsibilities of pending installments of housing loan.....since my aunt trying to adjust in the situation and for her married life, repaid most (around 90% of installments) and she does not want to pay more installments from her account since she is living away from that flat, she wants that rest of installments to be paid by her husband only and more importantly can she claim the rental income from her husband (part of flat is rented out by her husband) during the period when matter remains in the court.

Nishant (abc)     08 December 2009

Sorry i wanted to convey "Thanks" but pressed on wrong button


Thanks once again for your reply, I have another question related and posted in the qu estions answers plz consider to answer it also

Adv Archana Deshmukh (Practicing Advocate)     08 December 2009

 Ask her to file a suit for partition and separate possession of her share and claim mesne profits along with it. She can claim her share of rent, from the rent which her husband have received earlier and also the rent from the institution of the suit till she finally gets her share.

P.K.Haridasan (Advocate)     18 December 2009

No need for seperation for partition. Your Aunt can file a suit for partition.In civil cases suit will have to be filed before the court having jurisdiction of the place. HENCE, AT NOIDA. You can show the valution of property as that of shown in the records of the local authorities for assessment of tax. for the purpose of court fee.Sorry whatever money your Aunt has paid will be treated as has been  paid jointly. unless otherwise records to prove. Difficult to substantiate. The ljability for the rest of the value is also equal. It will be a charge on the property So your aunt cannot ignor it.

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